Personal injury lawyers commonly hire doctors and other medical experts to provide expert evidence. Medical experts are tasked with providing their opinion, on subjects including: the cause of a plaintiff’s injuries, the future outlook of a plaintiff’s injuries, and how a plaintiff’s ability to work will or has been affected by injuries. When making a […]
Tag Archives: car accident
Loss of capacity refers to the loss of a person’s ability to earn income in the future. As previously stated, the courts in British Columbia typically use one of two approaches to calculate this: the earnings approach and the loss of capital asset approach. The earnings approach involves a more mathematical approach and is […]
As this is an extremely common injury from motor vehicle accidents, I felt that the subject of whiplash required further elaboration. The issue of whiplash is a complicated one. Unlike injuries that involve broken bones or visible cuts or bruises, whiplash usually consists entirely of self-reported injuries. This puts the court in a position […]
In a recent Supreme Court of British Columbia case, an art student was awarded a 1 million dollar settlement: http://www.courts.gov.bc.ca/jdb-txt/SC/15/17/2015BCSC1724.htm At issue was whether or not the plaintiff had suffered a brain injury. The courts found that the plaintiff had indeed suffered a mild traumatic brain injury, which was likely to cause “permanent”cognitive impairment. […]
When negotiating with ICBC there is always a temptation to settle a case as soon as possible. A recent Supreme Court of British Columbia case illustrates why this can be a huge mistake: http://www.courts.gov.bc.ca/jdb-txt/SC/15/15/2015BCSC1532.htm Here, a plaintiff initially suffered what were described as “typical” soft-tissue injuries. Over time, however, these injuries progressed into something […]